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Ethics

Disciplinary Matters

Where feasible, disciplinary articles are periodically removed from this site in accordance with the following guidelines:

  • Terminations generally remain on the Web site for a maximum of seven years. If the member has his/her membership reinstated, their article will remain for a minimum of five years or the date of reinstatement, whichever is longer.
  • Suspensions will generally be removed from the Web site one year after the member’s suspension period has ended. Suspensions coincident with the state boards of accountancy will generally be removed when the member has sent notification that their suspension has been lifted by the state board. However, all suspensions will remain on the Web site for a minimum of one year.
  • Admonishments will generally be removed from the Web site one year after the effective date of admonishment.
 

    ANTHONY V. BRUNO, Red Bank, N.J., was suspended from membership for two years, effective Nov. 28, 2017, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Public Company Accounting Oversight Board’s (PCAOB) findings. Through an “Offer of Settlement,” the PCAOB barred Bruno from being an associated person of a registered public accounting firm, based on violations of PCAOB rules and auditing standards, in connection with his failure, as the engagement partner, to comply with auditor independence requirements. Bruno authorized the issuance of a broker-dealer’s audit report, knowing that the firm had also prepared the broker-dealer’s financial statements. Due to Bruno’s actions, the firm violated the PCAOB rule on auditor independence by failing to satisfy the independence criteria applicable to the engagement, including the criteria established by the U.S. Securities and Exchange Commission applicable to audits of brokers and dealers. With respect to audit violations, Bruno failed to exercise due professional care and professional skepticism, and to obtain sufficient appropriate audit evidence to support the firm’s audit opinion on the broker-dealer’s financial statements and supporting schedule; he also stated, among other things, that the firm’s audit was conducted in accordance with PCAOB standards. Bruno has the right to file a petition for reinstatement after two years from the date of the PCAOB’s order. Further details regarding the PCAOB’s order can be found here.
    (Published July/August 2019)


    MICHAEL S. LIBOCK, Westwood, N.J., entered into a settlement agreement under the Joint Ethics Enforcement Program, effective March 12, 2019. Libock was admonished as a result of an investigation alleging potential disciplinary matters, with respect to his performance of professional services on the audit of the financial statements of an employee benefit plan. In reviewing the financial statements, certain workpapers and other relevant documents submitted by Libock to support his responses to inquiries, there appeared to be evidence of violations of the following rules of the NYSSCPA Code of Professional Conduct: Rule 201–General Standards, A. Professional Competence; Rule 202–Compliance with Standards; Rule 203–Accounting Principles; and Rule 501, Interpretation 501-5–Failure to follow requirements of governmental bodies, commissions, or other regulatory agencies.

    In accordance with the directives outlined in the settlement agreement, and without admitting or denying the alleged violations, Libock agrees to forgo further investigation of the matter, waives his rights to a hearing, agrees to comply immediately with professional standards applicable to the professional services he performs, and agrees to complete 49 hours of specified CPE within 12 months of the effective date of the agreement. In addition, Libock agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on all employee benefit plan engagements performed by him for one year from the date a reviewer has been approved, or until completion of the assigned CPE. In addition, he must undergo a preissuance review on two non-employee benefit plan audits performed by him that year. Thirty days after the effective date of the agreement, Libock must submit a list of the non-employee benefit plan audits on which he expects to issue reports in the upcoming 12 months from which the audits subject to preissuance review will be selected.

    If his practice changes and he is no longer involved with audits or no longer acts in a supervisory capacity on such engagements during the specified period, he may be required to attest every six months for three years as to the nature of his practice. If during the attestation period he returns to performing such engagements, he will be required to undergo the required preissuance reviews.

    To further comply with the directive, six months after completion of the preissuance reviews, he must submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) he performed in the six-month period following completion of the preissuance reviews. One engagement will be selected for review.

    Libock agrees to provide information on any changes in the composition of his practice or changes in his role; or if he has not performed any audits, reviews or compilations with note disclosures, the period to select an engagement may be extended until a suitable work product is available. If he is no longer involved with audits, reviews and compilations with note disclosures, or no longer acts in a supervisory capacity on such engagements during the specified period, he may be required to attest every six months for three years as to the nature of his practice. If, during the attestation period, he returns to performing such engagements, a suitable work product for review will be selected.

    Within 30 days of signing the settlement agreement, he must provide evidence that his firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center. Libock will be prohibited from serving on any ethics or peer review committees of the NYSSCPA; performing peer reviews in any capacity; and teaching CPE courses in accounting, auditing and employee benefit plans until all directives in the settlement agreement have been met. Compliance with the terms of the settlement agreement will be monitored, and if noncompliance is found, an investigation will be initiated. (Published July/August 2019)


    CHARLES E. LAWRENCE III, Fairfield, Conn., had his NYSSCPA membership terminated under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 2. Criminal Conviction of Member, and Section 5. Automatic Discipline, effective April 23, 2019. The action was based on a final judgment of conviction for a crime punishable by imprisonment for more than one year. Lawrence was found guilty of violating Connecticut Statutes 53a-71(a)(1), Attempt to Commit Sex 2-Victim 13-15Y, ACTR>3Y Older; 53-21(a)(2), Attempt to Commit Illegal Sexual Contact-Victim<Age 16; and 53a-90a(a), Enticing a Minor by Computer.
    (Published July/August 2019)


    JOHN J. LUCZYCKI JR., Skaneateles, N.Y., entered into a settlement agreement whereby he waived his rights to a hearing and agreed to his admonishment by the NYSSCPA, effective May 17, 2019, under the Joint Ethics Enforcement Program. The action was based on the disciplinary action taken by the Securities and Exchange Commission (SEC), whereby Luczycki consented to the entry of Order Instituting Public Administrative and Cease-and-Desist Proceedings, pursuant to Section 8A of the Securities Act of 1933, Section 21C of the Securities Exchange Act of 1934, and Rule 102(e) of the Commission’s Rules of Practice. Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC barred Luczycki from appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after three years. The SEC found that Luczycki, along with other senior executives, made improper adjustments that allowed his company to meet earnings targets that it had communicated to the market. He also knew or was reckless in not knowing that the company improperly failed to disclose a side agreement that the company entered into in February 2001. Luczycki participated in the company’s failure to disclose, in a timely manner, all of the material facts about the company’s investment in a fund in June 2001.

    Luczycki’s application for reinstatement to appear and practice before the SEC as an accountant was granted on April 3, 2008. Details regarding the SEC’s Order can be found  here. on the SEC’s website. (Published July/August 2019)


    HONGLING ZHANG, Flushing, N.Y., was suspended from membership for two years, effective Oct. 2, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Public Company Accounting Oversight Board’s (PCAOB) Release No. 105-2018-019, “Order Instituting Disciplinary Proceedings, Making Findings, and Imposing Sanctions,” In the Matter of Zhang Hongling CPA, P.C. and Hongling Zhang, CPA. Through an “Offer of Settlement,” in which she neither admitted nor denied the findings, the PCAOB barred Zhang from being an associated person of a registered public accounting firm, as a result of violations of the PCAOB’s rules and standards. During the subject audit, Zhang failed to obtain sufficient appropriate audit evidence and to exercise due professional care and professional skepticism. In particular, Zhang failed to perform any procedures to test the occurrence and valuation of certain related-party transactions that the company asserted had occurred during the year under audit. Zhang may file a petition for PCAOB consent to associate with a registered public accounting firm after two years from the date of the PCAOB’s order. Prior to filing a petition, Zhang will be required to complete fifty (50) hours of continuing professional education in the subjects that are directly related to the audits of issuer financial statements under PCAOB standards. Details regarding the PCAOB’s Order can be found here. (Published May/June 2019)


    JOHN W. GREEN, Tucson, Ariz., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Green’s NYSSCPA membership was suspended for one year, effective Oct. 12, 2018, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Green the privilege of appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after one year from the effective date of the SEC’s order. This action is based on the SEC’s “Order Instituting Public Administrative Proceedings Pursuant to Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions.” Based on the SEC’s findings, Green engaged in improper professional conduct by violating auditing standards established by the Public Company Accounting Oversight Board (PCAOB). He failed to exercise due professional care and fulfill his responsibilities as the engagement quality review partner when he provided his concurring approval to release an audit report, and when he failed to review and assess the audit team’s subsequent analysis of omitted procedures after the audit report release date. Details regarding the SEC’s order can be found here.
    (Published May/June 2019)

    LEV NAGDIMOV, Scarsdale, N.Y., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Nagdimov’s NYSSCPA membership was terminated, effective Oct.12, 2018, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Nagdimov the privilege of appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after five years from the effective date of the SEC’s order. This action is based on the SEC’s “Order Instituting Public Administrative Proceedings Pursuant to Section 4C of the Securities Exchange Act of 1934 and Rule 102(e) of the Commission’s Rules of Practice, Making Findings, and Imposing Remedial Sanctions.” Based on the SEC’s findings, Nagdimov engaged in improper professional conduct by violating auditing standards established by the Public Company Accounting Oversight Board (PCAOB). He directed the audit team to predate their incomplete work papers and audit programs, and he failed to exercise due professional care and to properly supervise the audit and the work of audit team members. Details regarding the SEC’s order can be found here.
    (Published May/June 2019)


    THOMAS JONES, East Islip, N.Y., was suspended from membership for two years, effective Oct. 9, 2018, as a result of an investigation alleging a potential disciplinary matter with respect to his performance of professional services on the audit of the financial statements of an employee benefit plan as of and for the year ended Dec. 31, 2013. Based on information from the Department of Labor’s E-fast website, along with a review of the financial statements, certain workpapers and other relevant documents, there appeared to be prima facie evidence of violations of Rule 201–General Standards, A. Professional Competence; Rule 202–Compliance with Standards; Rule 203–Accounting Principles; and Rule 501, Interpretation 501-5–Failure to Follow Requirements of Governmental Bodies, Commissions, or Other Regulatory Agencies, of the NYSSCPA’s Code of Professional Conduct. Without admitting or denying the alleged violations, Jones agreed to forgo any further investigation of the matter, and waived his rights to a hearing.  

    In accordance with the directives as outlined in the settlement agreement, Jones agrees to complete 38.5 hours of specified CPE within 12 months of the effective date of the agreement. He agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on two audits performed by him for one year from the date a reviewer has been approved or until completion of the CPE. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the preissuance reviews, he must submit a list of the highest level of engagements that he performed in the six-month period following the date he completed the preissuance reviews. One engagement will be selected for review.

    Jones will be required to provide an attestation immediately, then every six months for a period of three years, that he is no longer performing employee benefit plans audits. In the event Jones returns to performing such work, he will be required to complete 38.5 hours of CPE in the area of employee benefit plans. He agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on all employee benefit plan audits performed by him for one year from the date the reviewer has been approved. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the CPE, he must submit a list of the highest level of engagements that he performed in the six-month period following the date he completed the preissuance reviews. One engagement will be selected for review. Thirty days after returning to such work, he agrees to provide evidence that his firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center. (Published December 2018)


    CHRISTOPHER J. CHALAVOUTIS, Carle Place, N.Y., was expelled from membership, effective Aug. 29, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on a final judgment of conviction in the case of the United States of America v. Christopher Chalavoutis, in which Chalavoutis pleaded guilty to violating Title 18 U.S.C. Section 1956(a),(b),(h); 1957(d)(1)—Conspiracy to Commit Money Laundering, which is a crime punishable by imprisonment for more than one year. (Published December 2018)

    KENNETH S. WERNER, New York, N.Y., was suspended from membership for two years, effective June 27, 2017, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Public Company Accounting Oversight Board’s (PCAOB) findings. Through an “Offer of Settlement,” and without admitting or denying the alleged findings, the PCAOB barred Werner from being an associated person of a registered public accounting firm, based on repeated violations of PCAOB rules and standards in connection with the audit and examination engagement for a broker-dealer, and for improperly altering audit documentation and failing to cooperate with a Board inspection. Werner has the right to file a petition for reinstatement after two years from the date of the PCAOB’s order. Further details can be found on the PCAOB’s website. (Published December 2018)



    JACK GUTIERREZ, Pine Brook, N.J., was suspended from membership for one year, effective Nov. 28, 2017, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Public Company Accounting Oversight Board’s (PCAOB) findings. Through an “Offer of Settlement,” the PCAOB barred Gutierrez from being an associated person of a registered public accounting firm, based on violations of PCAOB rules and auditing standards in connection with his failure, as the engagement quality reviewer, to review the engagement team’s evaluation of the firm’s independence, with respect to the engagement, which impaired the firm’s independence. In addition, Gutierrez failed to properly evaluate the significant judgments made, and the related conclusions reached, by the engagement team, with respect to risk assessment and revenue, and provided his concurring approval of issuance without performing the engagement quality review with due professional care. Gutierrez has the right to file a petition for reinstatement after one year from the date of the PCAOB’s order. (Published August/September 2018)



    ROBERT K. STEWART, Blue Point, N.Y., was expelled from membership, effective May 16, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. The action was based on the Securities and Exchange Commission’s (SEC) “Order of Suspension Pursuant to Rule 102(e)(2) of the Commission’s Rules of Practice.” Further details regarding the SEC’s order can be found here. As stated in the order, a judgment of conviction was entered in the United States District Court for the Southern District of New York, where Stewart was found guilty of one count of conspiracy to commit securities fraud and fraud in connection with a tender offer, a felony. (Published August/September 2018)


    BRIAN A. SEROTTA, Hackensack, N.J., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Serotta’s NYSSCPA membership was suspended for one year, effective Sept. 21, 2017, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Serotta the privilege of appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after one year from the effective date of the SEC’s order. The decision was based on the SEC’s findings that Serotta engaged in improper professional conduct by deviating from Public Company Accounting Oversight Board (PCAOB) standards in significant ways, which resulted in the issuance of audit reports that contained unqualified opinions that were not supported by sufficient appropriate audit evidence. Further details regarding the SEC’s order can be found at www.sec.gov/litigation/ admin/2017/34-81678.pdf. (Published June/July 2018)

    MICHAEL C. SABATINO, Oyster Bay, N.Y., was disciplined under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline. Sabatino’s membership was suspended for one year, effective Nov. 17, 2017, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Through an “Offer of Settlement,” in which he neither admitted nor denied the findings, the SEC denied Sabatino the privilege of appearing or practicing before the SEC as an accountant, with the right to apply for reinstatement after one year from the effective date of the SEC’s order. The decision was based on the SEC’s findings that Sabatino, as chief accounting officer for a public company, engaged in improper professional conduct by 1) permitting the making of materially false and misleading entries in definitive proxy statements and annual reports, 2) failing to correct the entity’s financial statements that were materially false and misleading, and 3) signing the SEC filings that contained false and misleading information. Specifically, Sabatino approved of and recorded payments for the benefit of—and reimbursements to—the company’s chairman and CEO, as business expenses, rather than as compensation, in definitive proxy statements. He also reviewed and signed annual reports that incorporated these proxy statements. Further details regarding the SEC’s order can be found at www.sec.gov/litigation/ admin/2017/34-82110.pdf. (Published June/July 2018)

    SILFORD M. WARREN, Rosedale, N.Y., was expelled from membership, effective Jan. 9, 2018, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, in connection with disciplinary action taken by the New York State Education Department, Board of Regents. Warren submitted an application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 28910). The Board of Regents granted the request by vote on Oct. 17, 2017. In said application, Warren admitted guilt to one specification of professional misconduct, charging him with being convicted of committing an act constituting a crime under federal law (Willful Failure to Collect or Pay Over Tax, a felony), in violation of 26 U.S.C. Section 7202. (Published June/July 2018)

     Steven A. Carmina, Amherst, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program, as a result of an investigation alleging a potential disciplinary matter with respect to his performance of professional services on the audit of the financial statements of a not-for-profit as of and for the year ended Dec. 31, 2012. Based on publicly available information on the Federal Audit Clearinghouse’s website and the auditor’s reports, financial statements and certain other documents, there appeared to be prima facie evidence of violations of the following rules of the Code of Professional Conduct: Rule 202–Compliance with Standards; Rule 203–Accounting Principles; and Rule 501, Interpretation 5–Failure to Follow Requirements of Governmental Bodies, Commissions, or Other Regulatory Agencies. Without admitting or denying the alleged violations, Carmina agreed to forgo any further investigation of the matter, waived his rights to a hearing and agreed to his suspension from membership in the NYSSCPA for a period of two years, effective July 31, 2017.

    In accordance with the directives, as outlined in the settlement agreement, Carmina agrees to complete 10.5 hours of specified CPE within three months of the effective date of the agreement, and to provide an attestation immediately, and then every six months for a period of three years, that he is no longer performing audits or reviews. If he returns to performing such work, he agrees to complete an additional 45 hours of CPE prior to commencing an audit or review engagement, of which 22 hours are required only if he returns to engagements subject to OMB Circular A–133/Uniform Guidance. He agrees to hire an outside party to perform preissuance reviews of the reports, financial statements and working papers on all audit and review engagements performed by him for one year from the date a reviewer has been approved. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the CPE, he must submit a list of the audit and review engagements that he performed in the period between the date of completion of the CPE and the end of the six-month period following the completion of the CPE. One engagement will be selected for review.

    Should his practice change during the period he is subject to the preissuance reviews, and he is no longer involved with audit or review engagements, or no longer acts in a supervisory capacity, he must report this change, and he may be required to attest every six months for three years as to the nature of his practice. If, during the three-year attestation period, he returns to performing such engagements, he must report this change, and a suitable work product for review will be selected. In the event Carmina returns to performing engagements subject to OMB Circular A-133/Uniform Guidance, he agrees to provide evidence that his firm has submitted an application to join the AICPA Governmental Audit Quality Center within 30 days. In addition, if Carmina returns to performing audit or review engagements, he agrees to schedule a peer review of his firm’s system of quality control within 60 days of returning to such work. Carmina will be prohibited from serving on any ethics or peer review committees of the NYSSCPA, performing peer reviews or teaching CPE in accounting and auditing, until all directives in the settlement agreement have been met. Compliance with the terms of the settlement agreement will be monitored, and if noncompliance is found, an investigation will be initiated. (Published January/February 2018)



    Stephen Seltzer, Jericho, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program as a result of an investigation alleging a potential disciplinary matter with respect to his performance of professional services on the audit of the financial statements of an employee benefit plan. In reviewing relevant documents, there appeared to be evidence of violations of the following rules of the Code of Professional Conduct: Rule 202–Compliance with Standards, and Rule 203–Accounting Principles. Without admitting or denying the alleged violations, Seltzer agreed to forgo any further investigation of the matter, waived his rights to a hearing and agreed to his suspension from membership in the NYSSCPA for a period of two years, effective July 31, 2017.

    In accordance with the directives outlined in the settlement agreement, Seltzer agrees to immediately comply with professional standards applicable to the professional services he performs, and provide an attestation immediately, then every six months for three years, that he is no longer performing audits, reviews or compilations. If he returns to performing such work, he agrees to complete 39 hours of specified CPE prior to commencing such work. He will be required to provide evidence of such completion. Seltzer agrees to hire an outside party to perform preissuance reviews of the reports, financial statements and working papers on three audit and/or review engagements performed by him for one year from the date a reviewer has been approved. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the CPE and/or preissuance reviews, he must submit a list of the audits, reviews and compilation engagements with note disclosures that he performed in the period between the date of completion of the CPE and/or preissuance reviews and the end of the six-month period following the completion of the CPE and/or preissuance reviews. One engagement will be selected for review.

    Seltzer agrees to provide a separate attestation immediately, then every six months for three years, that he is no longer performing employee benefit plan audits. If he returns to performing such work, he will be required to complete an additional 12 hours of CPE in the area of employee benefit plans prior to commencing such work. A preissuance review of the reports, financial statements and working papers on all employee benefit plan audits performed by him for one year from the date a reviewer has been approved, will be required. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the preissuance reviews, he must submit a list of the employee benefit plan audits that he performed in the period between the date of completion of those preissuance reviews and the end of the six-month period following the completion of the preissuance reviews. One engagement will be selected for review. Thirty days after resuming audits of employee benefit plans, he must provide evidence that his firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center. Seltzer will be prohibited from serving on any ethics or peer review committees of the NYSSCPA; performing peer reviews in any capacity; or teaching CPE in the areas of accounting, auditing and employee benefit plans, until all directives in the settlement agreement have been met. (Published January/February 2018)


    Anderson M. Clarke, Brooklyn, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program as a result of an investigation alleging a potential disciplinary matter with respect to his performance of professional services on the audit of the financial statements of a not-for-profit. In reviewing publicly available information, as well as relevant documents provided by Clarke, there appeared to be evidence of violations of the following rules of the Code of Professional Conduct: Rule 202–Compliance with Standards; Rule 203–Accounting Principles; and Rule 501, Interpretation 501-5–Failure to Follow Requirements of Governmental Bodies, Commissions, or Other Regulatory Agencies. Without admitting or denying the alleged violations, Clarke agreed to forgo any further investigation of the matter, waived his rights to a hearing and agreed to his suspension from membership in the NYSSCPA for a period of two years, effective Sept. 11, 2017.

    In accordance with the directives outlined in the settlement agreement, Clarke agrees to immediately comply with professional standards applicable to the professional services he performs, and provide an attestation immediately, then every six months for three years, that he is no longer performing audit engagements. If he returns to performing such work, he agrees to complete 33.5 hours of specified CPE prior to accepting such work. He will be required to provide evidence of such completion. Clarke agrees to hire an outside party to perform preissuance reviews of the reports, financial statements and working papers on all audits performed by him for one year from the date a reviewer has been approved. The reviewer will report quarterly on his progress in complying with the agreement. Six months after completion of the preissuance reviews, he must submit a list of the audits, reviews and compilations with note disclosures that he performed in the period between the date of completion of the preissuance reviews and the end of the six-month period following completion of the preissuance reviews. One engagement will be selected for review.

    Thirty days after acceptance of an engagement subject to Government Auditing Standards and/or OMB Circular A-133/Uniform Guidance, he must provide evidence that his firm has submitted an application to join the AICPA Government Audit Quality Center. In addition, Clarke agrees to schedule a peer review of his firm’s system of quality control within 60 days of acceptance of an engagement subject to peer review. Clarke will be prohibited from serving on any ethics or peer review committees of the NYSSCPA, performing peer reviews in any capacity, or teaching CPE in the areas of not-for-profit accounting and auditing, as well as Government Auditing Standards and/or OMB Circular A-133/Uniform Guidance, until all directives in the settlement agreement have been met. (Published January/February 2018)


    Ellen Kera-Geiger, Tarrytown, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program as a result of an investigation alleging a potential disciplinary matter with respect to her failure to ensure that her firm obtained an appropriate peer review and based on her performance of professional services on the audit of the financial statements of an employee benefit plan. In reviewing relevant documents, there appeared to be evidence of violations of the following rules of the Code of Professional Conduct: Rule 203—Accounting Principles, and Rule 501, Interpretation 5—Failure to Follow Requirements of Governmental Bodies, Commissions, or Other Regulatory Agencies. Without admitting or denying the alleged violations, Kera-Geiger agreed to forgo any further investigation of the matter, waived her rights to a hearing and agreed to her suspension from membership in the NYSSCPA for a period of two years, effective May 23, 2017. 

    In accordance with the directives outlined in the settlement agreement, Kera-Geiger agrees to immediately comply with professional standards applicable to the professional services she performs, and to complete 29 hours of specified CPE within 12 months of the effective date of the agreement. Thirty days after the effective date of the agreement, she must provide evidence that her firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center, and within 60 days of the effective date of the agreement, she must schedule a system peer review of her firm. Kera-Geiger will be prohibited from serving on any ethics or peer review committees of the NYSSCPA; performing peer reviews; or teaching CPE in accounting, auditing and employee benefit plans until all directives in the settlement agreement have been met. 

    Compliance with the terms of the settlement agreement will be monitored, and if noncompliance is found, an investigation will be initiated. (Published November/December 2017).


    Jeffrey R. Pearlman, New City, N.Y., was expelled from membership, effective May 31, 2017, as a result of acceptance of a guilty plea by the Joint Trial Board, in lieu of a disciplinary hearing. Pearlman pleaded guilty to violating NYSSCPA bylaws Article XII—Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate or Comply. Pearlman failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents. (Published November/December 2017).


    Domenick F. Consolo, Yorktown Heights, N.Y., was expelled from membership, effective Feb.13, 2017, under the automatic disciplinary provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, in connection with action taken by the Securities and Exchange Commission (SEC). Specifically, through an “Offer of Settlement,” and without admitting or denying the charges, the SEC denied Consolo the privilege of appearing or practicing before the SEC as an accountant. The decision was based on the SEC’s findings that Consolo, as the audit partner, issued audit reports for fiscal years ending Dec. 31, 2009, through Dec. 31, 2014, stating that an incorporated municipality and a local development corporation’s financial statements were presented fairly, in all material respects, in conformity with generally accepted accounting principles (GAAP), and that the audits were performed in accordance with generally accepted auditing standards (GAAS). These statements were false in that the financial statements were not fairly presented, in all material respects, in conformity with GAAP, and the audits were not performed in accordance with GAAS. (Published September/October 2017).


    Scott Gildea, New York, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program as a result of an investigation alleging a potential disciplinary matter with respect to his performance of professional services on the audit of the financial statements of an employee benefit plan. Based on a review of the auditor’s report, financial statements and certain other documents, there appears to be evidence of violations by Gildea of the following rules of the Code of Professional Conduct: Rule 201–General Standards, A. Professional Competence; Rule 202–Compliance with Standards; and Rule 203–Accounting Principles. Without admitting or denying the alleged violations, Gildea agreed to his suspension from membership for a period of two years, effective May 3, 2017. Gildea will be required to complete 18 hours of specified CPE within six months of the effective date of the agreement.

    Gildea agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on five engagements performed by him during the year following the date the reviewer has been approved. Thirty days after the effective date of the agreement, he must submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) on which he expects to issue reports in the upcoming 12 months. Five engagements will be selected for preissuance review. If he is no longer involved with audits, reviews or compilations with note disclosures, or no longer performs in a supervisory capacity on such engagements, or has not performed such engagements during the specified period, he may be required to attest every six months for three years as to the nature of his practice. If during the attestation period he returns to performing such engagements, he will be required to undergo the preissuance reviews.

    To further comply with the directive, he must submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) that he performed in the period between the date of completion of those preissuance reviews and the end of the six-month period following completion of the preissuance reviews. One engagement will be selected for review.

    He agrees to provide information on any changes in the composition of his practice, or changes in his role during the period he is subject to the preissuance reviews. If he has not performed any audits, reviews or compilations with note disclosures, he may be required to attest every six months for a period of three years as to the nature of his practice.

    A separate attestation must be provided immediately, then every six months for three years, that he is no longer performing employee benefit plan audits, and if he returns to performing such work, he must complete an additional 20 hours of CPE specific to employee benefit plans prior to commencing such work, and he must undergo a preissuance review of the reports, financial statements and working papers on all employee benefit plan audits performed by him for one year from the date a reviewer has been approved. Within 30 days of returning to such work, he must provide evidence that his firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center.

    Gildea will be prohibited from serving on any ethics or peer review committees of the NYSSCPA; performing peer reviews; or teaching CPE in accounting, auditing and employee benefit plans until all directives in the settlement agreement have been met. Compliance with the terms of the settlement agreement will be monitored, and if noncompliance is found, an investigation will be initiated. (Published September/October 2017).


    Md Hyder Alam, Jamaica, N.Y., was expelled from membership, effective May 15, 2017, under the provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, in connection with disciplinary action taken by the New York State Education Department, Board of Regents. Alam submitted an application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 28039). The Board of Regents granted the request by vote on March 13, 2017. In said application, Alam admitted guilt to one specification of professional misconduct charging him with being convicted of committing an act constituting a crime under New York state law (Attempted Grand Larceny in the Fourth Degree, a class A misdemeanor). (Published September/October 2017).


    Lawrence J. Herzing, Brewster, N.Y., was expelled from membership, effective May 15, 2017, under the automatic disciplinary provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, and Article XII, Section 3. Impairment of License to Practice Public Accounting, based on his application for permission to surrender his license to practice as a certified public accountant in the state of New York (Calendar No. 29126), which was approved by vote of the Board of Regents on Sept. 13, 2016. In such application, Herzing did not contest two specifications of professional misconduct in violation of Section 6509(5)(a)(ii) of the New York State Education Law, charging him with being convicted of an act constituting a crime under federal law (Fraud by Wire, Radio or Television, a felony), in violation of 18 U.S.C. Section 1343, and Section 6509(5)(a)(i) (Assault in the Second Degree, a felony), to which he entered a guilty plea. (Published September/October 2017).


    Carlton W. Vogt III, Warwick, N.Y., was suspended from membership for three years under the automatic disciplinary provisions of NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, effective June 7, 2016, in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, through an “Offer of Settlement,” and without admitting or denying the charges, the SEC denied Vogt the privilege of appearing or practicing before the Commission as an accountant, with the right to apply for reinstatement after three years from the effective date of the SEC’s Order. This decision was based on the SEC’s findings that Vogt, in his role as the lead engagement partner, failed to comply with the PCAOB rules and standards in auditing a public company’s financial statements that included its accounting for its Alaska acquisition, and failed to exercise due professional care and skepticism by not adequately assessing whether the company’s accounting treatment for the acquisition complied with GAAP. Vogt also failed to obtain sufficient competent evidential matter for management’s assertions regarding the fair value of the Alaska assets. (Published May/June 2017)


    Mindy Eisenberg-Stark, Scarsdale, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program, effective Dec. 14, 2016, as a result of an investigation alleging potential disciplinary matters with respect to her performance of professional services on the audit of a housing cooperative. Based on a review of the auditor’s report, financial statements and other relevant documents, there appeared to be prima facie evidence of violations of the following rules of the Code of Professional Conduct: Rule 201–General Standards, A. Professional Competence; Rule 202–Compliance with Standards; and Rule 203–Accounting Principles. Without admitting or denying the alleged violations, Stark agreed to forgo any further investigation of the matter, waived her rights to a hearing and agreed to her suspension from membership in the NYSSCPA for two years. She agrees to immediately comply with professional standards applicable to the professional services she performs and to complete 32 hours of specified CPE.

    To comply with the directives outlined in the settlement agreement, Stark agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on five engagements performed by her during the year after a reviewer has been approved. Thirty days after the effective date of the agreement, she must submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) on which she expects to issue reports in the upcoming 12 months. Five engagements will be selected for preissuance review. The outside party will report on her progress in complying with the agreement on a quarterly basis.

    Stark agrees to report any changes in the composition of her practice during the period she is subject to the preissuance reviews, and if she is no longer involved with audits, reviews or compilations with note disclosures, or no longer acts in a supervisory capacity on such engagements, she may be required to attest every six months for three years as to the nature of her practice. If during the three-year attestation period she returns to performing such engagements, she must provide that information and undergo the preissuance reviews.

    Six months after completion of the preissuance reviews and CPE, she will be required to submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) that she performed in the period between the date of completion of those preissuance reviews and CPE, and the end of the six-month period following the completion of the preissuance reviews and CPE. One will be selected for review. Stark will be prohibited from serving on any ethics or peer review committees of the NYSSCPA, performing peer reviews in any capacity, or teaching CPE in the areas of accounting and auditing, until all directives in the settlement agreement have been met. (Published May/June 2017)


    Mark J. Sudran, Plainview, N.Y., entered into a settlement agreement under the Joint Ethics Enforcement Program, effective Jan. 17, 2017, as a result of an investigation alleging potential disciplinary matters with respect to his failure to ensure that his firm obtained a peer review and in the performance of professional services in connection with the audit of the financial statements of an employee benefit plan. The Ethics Charging Authority (ECA), comprising the AICPA Professional Ethics Executive Committee and the NYSSCPA Professional Ethics Committee, found prima facie evidence of violations of Rule 201–General Standards, A. Professional Competence; Rule 202–Compliance with Standards; Rule 203–Accounting Principles; and Rule 501, Interpretation 501-5–Failure to follow requirements of governmental bodies, commissions, or other regulatory agencies of the Code of Professional Conduct. Without admitting or denying the alleged violations, Sudran agreed to forgo any further investigation of the matter, waived his rights to a hearing and agreed to his suspension from membership in the NYSSCPA for a period of two years.

    To comply with the directives outlined in the settlement agreement, Sudran agrees to provide an attestation every six months for a period of three years that he is no longer performing audit or review engagements. If he returns to performing such work, he agrees to complete 41.5 hours of specified CPE prior to commencing an audit or review engagement, of which 12 hours of specified CPE are required only if he returns to performing audits of employee benefit plans. Sudran agrees to hire an outside party to perform a preissuance review of the reports, financial statements and working papers on all audit and review engagements performed by him for one year from the date a reviewer has been approved. The outside party will report quarterly on his progress in complying with the agreement. Six months after completion of the preissuance review, he must submit a list of the highest level of engagements (audits, reviews and compilations with note disclosures) that he performed in the period between the date of completion of those preissuance reviews and the end of the six-month period following the completion of the preissuance reviews. One engagement will be selected for review. Thirty days after resuming audits of employee benefit plans, he must provide evidence that his firm has submitted an application to join the AICPA Employee Benefit Plan Audit Quality Center. Sudran will be prohibited from serving on any ethics or peer review committees of the NYSSCPA, performing peer reviews in any capacity, or teaching CPE in the areas of accounting and auditing and employee benefit plans, until all directives in the settlement agreement have been met. (Published May/June 2017)


    George T. Rhein, of Lake Grove, N.Y., had his membership in the NYSSCPA terminated, effective July 7, 2016 as a result of a decision by a hearing panel of the Joint Trial Board. Rhein was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooperate, in that he failed to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not responding to interrogatories and the request for documents.  (Published ­­­­­­­­­­­­­­­­­­­­­­November/December 2016)


    Reid A. Hackney, of San Antonio, TX, had his membership in the NYSSCPA terminated, effective August 31, 2016, under the provisions of Article XII – Professional Conduct and Disciplinary Proceedings, Section 5. Automatic Discipline, as a result of disciplinary action taken by the Securities and Exchange Commission’s (SEC). Hackney submitted an Offer of Settlement, which the SEC accepted. Specifically, the SEC denied Hackney the privilege of appearing or practicing before the SEC as an accountant. He was prohibited from acting as an officer or director of any issuer that has a class of securities registered to Section 12 of the Securities Exchange Act, for a period of five years. This decision was based on the SEC’s finding that Hackney breached his duty to shareholders by engaging in insider trading of two entities in advance of public announcements, on the basis of material nonpublic information obtained from his employer. Hackney was ordered to pay disgorgement of $48,050, prejudgment interest thereon of $4,670 and a civil money penalty of $48,050, for a total of $100,770 to the SEC for transfer to the general fund of the Unites States Treasury. (Published November/December 2016)


    Martin Leventhal,Glen Cove, N.Y., was expelled from membership in the NYSSCPA effective Jan. 2, 2016, as a result of a decision by a hearing panel of the Joint Trial Board. Leventhal was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooper- ate, by failing to cooperate with the Ethics Charging Authority in its investigation of his professional conduct by not complying with the directives of a letter of required corrective action. (Published July/August 2016)


    Mara Citrin, East Meadow, N.Y., was expelled from membership in the NYSSCPA, effective June 7, 2016, as a result of a decision by a hearing panel of the Joint Trial Board. Citrin was found guilty of violating NYSSCPA bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 12. Failure to Cooper- ate, by failing to cooperate with the Ethics Charging Authority in its investigation of her professional conduct by not responding to interrogatories and request for documents.  (Published July/August 2016)


    Marc Weiselthier, Plainville, N.Y., was expelled from membership in the NYSSCPA, effective July 19, 2016, under Society bylaws Article XII–Professional Conduct and Disciplinary Proceedings, Section 2(a). Criminal Conviction of Member, as a result of a final judgment of conviction for a crime punishable by imprisonment for more than one year. Wieselthier pleaded guilty to conspiracy to commit bank fraud, in violation of Title 18, U.S.C. Section 1349, in the United States District Court for the Southern District of New York, in the case of the United States vs. Marc Wieselthier. Wieselthier was sentenced to 27 months in a correctional facility. (Published July/August 2016)


    Paul J. Konigsberg, of Greenwich, Conn., was automatically expelled from membership in the NYSSCPA, under Society bylaws Article XII.2–Criminal Conviction of Member, for crimes punishable by imprisonment for more than one year, effective November 24, 2015. A final judgment of conviction was entered in the United States District Court for the Southern District of New York in the case of the United States of America vs. Paul J. Konigsberg. Konigsberg pleaded guilty to violating Title 18, U.S.C. Section 371, Conspiracy to falsify books and records of a broker-dealer; falsify books and records of an investment adviser; and obstruct and impede the due administration of the IRS; and Title 15, U.S.C. Sections 78q(a) and 77ff; 17 CFR 240.17a-3, Falsifying books and records of a broker-dealer and 80b-4 and 80b-17; 17 CFR 275.204-2, Falsifying books and records of an investment adviser. (Published March/April 2016)



    George J. Silverman, of New City, N.Y., was expelled from membership in the NYSSCPA, effective June 19, 2015, as a result of a decision by a hearing panel of the Joint Trial Board. Silverman was found guilty of violating NYSSCPA bylaws Article XII.12, for noncompliance with the directives issued to him by the Professional Ethics Committee in a letter of required corrective action. (Published August 2015)


    Richard B. Davis, of Freehold, N.J., was automatically expelled from membership in the NYSSCPA, effective July 1, 2015, under NYSSCPA bylaws Article XII.3—Impairment of License to Practice Public Accounting, based upon his application for permission to surrender his license to practice as a certified public accountant in the State of New York (Calendar No. 27847), which was approved by a vote of the Board of Regents on Dec. 16, 2014. In such application, Davis admitted guilt to one specification of professional misconduct in violation of 6509(5)(a)(ii) of the New York State Education Law, charging him with being convicted of committing an act constituting a crime under federal law (Knowingly and Willfully Falsifying Material Facts to Obtain Penalty Abatements, a felony, in violation of Title 18 U.S.C. Sections 1001 and 1002). (Published August 2015)


    Dennis L. Duban, of Los Angeles, Calif., was automatically expelled from membership in the NYSSCPA, effective July 1, 2015, under NYSSCPA bylaws Article XII.3—Impairment of License to Practice Public Accounting, based upon his application for permission to surrender his license (Calendar No. 27798), which was approved by a vote of the Board of Regents on Dec. 16, 2014. In such application, Duban did not contest the charge of one specification of professional misconduct in violation of 6509(5)(a)(ii) of the New York State Education Law, charging him with being convicted of committing an act constituting a crime under federal law [Conspiracy to Defraud, a felony, in violation of Title 18 U.S.C. Section 371, and Aiding the Preparation of a False Tax Return, a felony, in violation of Title 26 U.S.C. Section 7206(2)]. (Published August 2015)


    Ilene S. Engelberg, of Hollywood, Fla., was automatically expelled from membership in the NYSSCPA, effective July 1, 2015, under NYSSCPA bylaws Article XII.3—Impairment of License to Practice Public Accounting, based upon her application for permission to surrender her license (Calendar No. 27729), which was approved by a vote of the Board of Regents on Dec. 16, 2014. In such application, Engelberg admitted guilt to one specification of professional misconduct in violation of 6509(5)(a)(i) of the New York State Education Law, charging her with being convicted of committing an act constituting a crime under New York State law (Criminal Facilitation in the Fourth Degree, a class A misdemeanor). (Published August 2015)


    Joseph Troche, of New York, N.Y., was automatically expelled from membership in the NYSSCPA, effective July 2, 2015, under NYSSCPA bylaws Article XII.5—Automatic Discipline, in connection with the disciplinary action taken by the Public Company Accounting Oversight Board—PCAOB File No. 105-2014-007, Notice of Finality of Initial Decision, March 6, 2015. Pursuant to Sections 105(c)(4) and 105(c)(5) of the Sarbanes-Oxley Act and PCAOB Rule 5300(a), Troche was censured, his registration with the PCAOB was permanently revoked and he was ordered to pay a civil money penalty of $5,000. Specifically, he failed to timely file annual reports for 2013 and 2014, and failed to pay annual fees for 2012, 2013 and 2014. (Published August 2015)


    Douglas S. Wood, of Malone, N.Y., was expelled from membership in the NYSSCPA, effective Jan. 14, 2015, as a result of a decision by a hearing panel of the Joint Trial Board. Wood was found guilty of violating NYSSCPA bylaws Article XII.12, for failing to cooperate with the Professional Ethics Committee, in that he was negligent in complying with the educational and remedial or corrective action, as directed in a letter of required action. (Published July 2015)


    John B. Renda, of Buffalo, N.Y., entered into a settlement agreement, in lieu of a full investigation. Without admitting any misconduct of alleged violations of the NYSSCPA Code of Professional Conduct, Renda was expelled from membership in the Society, effective May 4, 2015, under the Joint Ethics Enforcement Program as a result of the following violations: Rule 201–General Standards, A–Professional Competence (Renda lacked the professional competence to complete the engagement in accordance with professional standards); Rule 202–Compliance with Standards (the auditor’s report on supplementary information did not comply with professional standards); Rule 203–Accounting Principles (1) the financial statements were inappropriately prepared in accordance with a reporting model applicable to nonprofit entities, though the entity is governmental in nature and is subject to the accounting and reporting standards promulgated by the GASB. In addition, the auditor failed to perform and report on the audit in accordance with Government Auditing Standards, as required by the New York State Office of the State Comptroller; 2) the financial statements omitted the required disclosures); and Rule 501–Acts Discreditable (a member shall not commit an act discreditable to the profession). (Published July 2015)


    Jack Egan, of New Rochelle, N.Y., was expelled from membership in the NYSSCPA effective Jan. 14, 2015, under the automatic provisions of the Society’s bylaws in connection with the disciplinary action taken by the Securities and Exchange Commission (SEC). Specifically, the SEC suspended Egan from appearing or practicing before the Commission as an accountant. This decision was based on the SEC’s allegations that Egan knew or was reckless in not knowing that recognition of fraudulent revenue did not comply with Generally Accepted Accounting Principles in connection with a “Company’s” financial statements, and that, nevertheless, Egan signed the Company’s public filings and included the revenue in the Company’s financial statements for the fourth quarter and fiscal year ended Oct. 28, 2007; and for certifying the Company’s annual reports on Forms 10-K for its fiscal years ended 2007 and 2008, when he knew or was reckless in not knowing that the financial statements were materially false and misleading.(Published February 2015)

    James H. David Jr., of Bethpage, N.Y., was disciplined under the provisions of Article XII.15 of the Society’s bylaws. Effective Oct. 3, 2014, David’s membership was terminated as a result of the Securities and Exchange Commission’s (SEC) disciplinary action. Specifically, the SEC denied David the privilege of appearing or practicing before the Commission as an accountant for 10 years. This decision was based on the SEC’s findings that David, the CFO of a company, engaged in improper professional conduct by: 1) permitting the making of materially false and misleading entries in the financial statements; 2) failing to correct the entity’s financial statements that were materially false and misleading; 3) signing the SEC filings which contained false and misleading information. David stated affirmatively that the financial statements were presented in conformity with generally accepted accounting principles; however the financial statements contained material departures from generally accepted accounting principles for improper revenue recognition. David was also barred from serving as an officer or director of any public company and was ordered to pay $641,620 in disgorgement for gains from his sales of stock while participating in the fraud, plus prejudgment interest thereon, and a $200,000 civil money penalty. David neither admitted nor denied the above specified charges. (Published November 2014)

    Ivan M. Brodzansky, of Garden City, N.Y., was expelled from membership in the NYSSCPA, effective May 14, 2014, as a result of a decision by a hearing panel of the Joint Trial Board. Brodzansky was found guilty of violating NYSSCPA bylaw Article XII.12 for failing to cooperate with the Professional Ethics Committee in an investigation of his alleged unprofessional conduct. (Published November 2014)

    Mark Mycio, of Old Bethpage, N.Y., was automatically disciplined under the provisions of Article XII.5 of the Society’s bylaws. Effective March 18, 2014, Mycio’s membership was terminated as a result of the Securities and Exchange Commission’s (SEC) disciplinary action. The SEC denied Mycio the privilege of appearing or practicing before the Commission as an accountant, based on their findings that he engaged in improper professional conduct in connection with 1) the audit of the 2010 year-end financial statements of a “company” and for violating Section 10A(b)(1) in connection with that audit, and 2) with respect to the audit of the 2011 year-end financial statements of a second “company.” (Published August 2014)

    Steven J. Sherb, of New York, N.Y., was automatically disciplined under the provisions of Article XII.5 of the Society’s bylaws. Effective March 18, 2014, Sherb’s membership was terminated as a result of the Securities and Exchange Commission’s (SEC) disciplinary action. The SEC denied Sherb the privilege of appearing or practicing before the Commission as an accountant, based on their findings that he engaged in improper professional conduct in connection with 1) the audit of the 2007 year-end financial statements of a “company”; and 2) for engaging in improper professional conduct with respect to some or all of the financial statements of a second “company” for the years ended Aug. 31, 2008 and 2009, a four-month transition period ended Dec. 31, 2009, and the years ended Dec. 31, 2010 and 2011. (Published August 2014)

    Christopher A. Valleau, of Boca Raton, Fla., was automatically disciplined under the provisions of Article XII.5 of the Society’s bylaws. Effective March 18, 2014, Valleau’s membership was terminated as a result of the Securities and Exchange Commission’s (SEC) disciplinary action. The SEC denied Valleau the privilege of appearing or practicing before the Commission as an accountant, based on their findings that he engaged in improper professional conduct in connection with 1) the audit of the 2007 year-end financial statements of a “company”; 2) the audit of the 2010 year-end financial statements of a second “company”; and 3) with respect to some or all of the audits of the financial statements of a third “company” for the years ended Aug. 31, 2008 and 2009, a four-month transition period ended Dec. 31, 2009, and the years ended Dec. 31, 2010 and 2011. (Published August 2014)